- 5 - indirect beneficial ownership of all trust assets. Petitioner also continued to exercise control over the trust assets after the transfers. Although petitioner did not recognize or report any gain when he transferred his assets to these trusts, the trusts took depreciation deductions on the transferred assets based on their alleged fair market values at the time of transfer to the trusts (rather than on the original cost or depreciated basis in petitioner’s hands). In 1995, the Commissioner determined that Henkell and EPS were engaged in promoting illegal tax shelters designed to claim excessive and/or improper deductions and assessed penalties of $1,254,000 each against Henkell and EPS pursuant to section 6700. In 1997, the Commissioner obtained from the U.S. District Court for the Eastern District of California an injunction preventing EPS and Henkell from rendering tax shelter advice. In United States v. Estate Pres. Servs., 202 F.3d 1093 (9th Cir. 2000), the Court of Appeals for the Ninth Circuit affirmed the injunction issued by the District Court, holding, among other things, that EPS and Henkell knowingly made false statements to taxpayers concerning the tax benefits of the trusts they promoted as tax shelters. Petitioner filed Form 1040, U.S. Individual Income Tax Return, reporting $10,613 in taxable income for 1996 and $13,380Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011